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Can you and your children relocate following a divorce?

On Behalf of | May 10, 2023 | Blog, Child Custody

Divorcing your spouse when you share children will require a custody agreement. Where your children will live could vary depending on parent-child relationships and the family dynamic.

If you desire to take your children and relocate away from your soon-to-be-ex, you might need to think again. Staying within the court-directed guidelines will prevent consequences that could jeopardize your visitation.

Identifying a legitimate reason

You might have some flexibility about where you move and when you choose to move so long as it is within reason. However, according to the Michigan Custody Guideline, after a divorce, you cannot move outside of a 100-mile radius from your ex if you have a custody arrangement unless the court approves it.

Some examples of reasons you might need to relocate include the following:

  • You receive a promotion at your job
  • You need to help care for an ailing family member
  • You experience an unexpected illness or disability
  • You can further your education

You will need to provide evidence of your needs and the court will assess how relocation would impact your children before making a final decision.

Preparing for change

Prior to a move, you will want to communicate with your ex about your intentions. Do your best to amicably discuss how to prepare your children for relocation. You can involve your children in the process and encourage them to help you prepare. Before you look for a place to live and invest time in finding schools, make sure you have adequate approval from the court.

Keeping the court informed will guarantee you do not unintentionally breach your custody agreement which could have legal repercussions.

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